Sam E. Scott - Page 11

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                          contributed to the property [sic], it may                                               
                          consist of property contributed to the                                                  
                          partnership on the amount paid to a retiring                                            
                          partner for his interest.                                                               
                                 The testimony and exhibits show that                                             
                          Petitioner purchased an interest in 1968 and                                            
                          paid a portion of debt due to retiring                                                  
                          partners after the 1985 consumption of 4/7 of                                           
                          the former junior partners' debt to the named                                           
                          partners who had sold their interests.                                                  
                                 The contribution to the partnership by                                           
                          the Petitioner of work in process and accounts                                          
                          receivable are contributions of property.                                               
                          This is recognized by IRC � 724 which deals                                             
                          with unrealized receivables and inventory.                                              
                          Work in process is the inventory of a law firm                                          
                          and accounts receivable are unrealized                                                  
                          receivables.  The value of those two items                                              
                          alone produced and contributed by Petitioner                                            
                          are significantly more than the deduction                                               
                          claims.                                                                                 
                    Petitioner's reasoning is flawed.  Petitioner is not entitled                                 
             to a deduction for failure to realize anticipated income.  Hort v.                                   
             Commissioner, 313 U.S. 28 (1941).  Petitioner has not acquired a                                     
             basis in the accounts receivable and work in progress under section                                  
             705 unless the amounts of these items had been reflected in the                                      
             income of the partnership and in petitioner's distributive share in                                  
             1990 or in prior years.  Holman v. Commissioner, 66 T.C. 809, 816-                                   
             817 (1976), affd. 564 F.2d 283 (9th Cir. 1977).  But as a cash                                       
             basis taxpayer, Heidelberg & Woodliff's accounts receivable and                                      
             work in progress are not reflected in the partnership's income (nor                                  








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